Who Has to Pay Alimony (Maintenance) in Illinois

What is Alimony?

Alimony is a husband’s or wife’s court-ordered provision for a spouse after separation or divorce.  In Illinois, alimony is known as spousal support or maintenance.

Who Gets Maintenance?

Either spouse can get an award of maintenance.  However, there is no set formula.  The court must consider statutory factors and case law.

What Are the Statutory Factors that the Court Must Consider?

(1) the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance;

(2) the needs of each party;

(3) the present and future earning capacity of each party;

(4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;

(5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment;

(6) the standard of living established during the marriage;

(7) the duration of the marriage;

(8) the age and the physical and emotional condition of both parties;

(9) the tax consequences of the property division upon the respective economic circumstances of the parties;

(10) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;

(11) any valid agreement of the parties; and

(12) any other factor that the court expressly finds to be just and equitable.

So Will  I Get Maintenance or Have to Pay Maintenance?

If one spouse has been the sole breadwinner during the course of the marriage there is a high likelihood that this spouse will have to pay maintenance.  However the amount and duration depend on the education of the parties and the length of the marriage, as well as the other factors listed above.

What Do I Do Next?

If you are ready to get started exploring your options, you can call me now at 708-466-6912 or contact me online. I often meet clients in the evening and on weekends, and all clients get my personal mobile phone number.  Legal problems don’t take weekends off and neither do I.


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